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Preliminary Lease Agreement Template for United States

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Key Requirements PROMPT example:

Preliminary Lease Agreement

"I need a Preliminary Lease Agreement for a commercial warehouse space in Texas, with a planned move-in date of March 1, 2025, including specific provisions for heavy machinery installation and a 60-day due diligence period."

Document background
The Preliminary Lease Agreement is a crucial document in U.S. real estate transactions, serving as an intermediate step between initial interest and final lease execution. It is particularly useful in complex commercial leasing situations or when significant due diligence is required before finalizing a lease. This document typically comes into play when parties have agreed on basic terms but need time to investigate the property, negotiate details, or arrange financing. The agreement includes proposed lease terms, due diligence periods, and conditions for moving forward to a final lease, while being governed by both federal and state-specific property laws. A Preliminary Lease Agreement provides protection for both parties by documenting their intentions and commitments while maintaining flexibility for final negotiations. It's commonly used in both commercial and residential contexts, though more frequently in commercial real estate transactions where more complex terms and conditions need to be negotiated.
Suggested Sections

1. Parties: Identification of the landlord/lessor and tenant/lessee with full legal names and addresses

2. Background: Context of the agreement and brief description of the property and intended lease arrangement

3. Definitions: Key terms used throughout the agreement defined for clarity

4. Property Description: Detailed description of the property to be leased, including address and basic specifications

5. Proposed Lease Terms: Basic terms including proposed duration, rent amount, and payment terms

6. Due Diligence Period: Timeline and conditions for property inspection and review of documents

7. Deposit Terms: Amount and conditions of any preliminary deposit or earnest money

8. Path to Final Agreement: Process and timeline for negotiating and executing the final lease agreement

9. Binding Effect: Extent to which the preliminary agreement is legally binding

10. Termination Rights: Conditions under which either party may terminate the preliminary agreement

11. Governing Law: Specification of applicable state law and jurisdiction

12. Signatures: Execution block for all parties

Optional Sections

1. Broker Representation: Details of any real estate brokers involved and their roles, include if brokers are part of the transaction

2. Exclusive Negotiating Period: Terms preventing the landlord from negotiating with other potential tenants, include if exclusivity is required

3. Preliminary Services: Any services or access needed before the final lease execution, include if early access is required

4. Confidentiality: Terms regarding confidential information shared during negotiations, include for commercial leases

5. Cost Allocation: Assignment of costs for due diligence and document preparation, include if significant costs are expected

6. Existing Tenant Provisions: Terms related to current tenant vacation, include if property is currently occupied

7. Construction or Improvement Provisions: Preliminary terms for any required modifications, include if property improvements are planned

Suggested Schedules

1. Schedule A - Property Details: Detailed description of the property, including floor plans and specifications

2. Schedule B - Proposed Commercial Terms: Outline of key commercial terms to be included in the final lease

3. Schedule C - Due Diligence Requirements: List of documents and information to be provided during due diligence

4. Schedule D - Timeline: Key dates and deadlines for the preliminary agreement and path to final lease

5. Appendix 1 - Property Photos: Current photographs of the property condition

6. Appendix 2 - Required Disclosures: Any mandatory state or federal property disclosures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

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Relevant Teams

Legal

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Risk Management

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Relevant Roles

Real Estate Manager

Property Manager

Leasing Agent

Real Estate Attorney

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Legal Counsel

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